Firms ordered to pay three TV stations for their content

By KURIAN MUSA

Kenya: Supreme Court judges have terminated the broadcasting of any free to air (FTA) content from Royal Media Services limited, Nation Media Group and the Standard Group without their consent.

Justice Smokin Wanjala and Jacton Ojwang Friday hindered Signet Company, Star Times Limited, Pan Africa Network Group and Go TV from airing the intellectual property rights of the three mainstream local media firms FTA without their permission.

On April 8, the Attorney General and Communication Commission of Kenya filed an appeal in Supreme Court following an Appeal Court decision to award NTV, KTN and RMS digital licences and frequencies without subjecting them to a fresh tender.

“I certified the matter urgent,” Judge Wanjala said. “And the counsel for CCK was to undertake to advise the affected parties to cease broadcasting the said matter till case is determined,” he added.

CCK is prohibited from switching off any frequencies, broadcast spectrum or broadcasting services of the three media firms pending the determination of the intended appeal.

“We have noted the urgency of the matter and public importance in entertaining the substantive appeal,” Justice Wanjala said.

The judges held that the order to reconstitute an independent media regulator free of political, government or commercial control will not be implemented till the court hears and determines the intended appeal by CCK.

Court of Appeal had declared that CCK was not the intended independent body envisaged under article 34 (3) of the Constitution as a regulator of airwaves.

 Meanwhile, the media consortium of the three media houses, the Standard Group, Nation Media and Royal Media, shall continue with their bid in procuring a third licence as directed by the appeal court even though advertising for a fresh tender will not be done with regard to the award of the transmission licenses.

But Pan Africa Network Group BSD licence that was cancelled by the Appeal Court was reinstated temporarily.

Television viewers will continue watching programmes uninterrupted since the new switch off date ‘to a date not later than September 30, shall remain valid,’ pending the determination of the appeal.

Justice Wanjala said: “The main petitions and records of appeal and written submissions shall be filed within 14 days and the media houses shall respond with written submissions within seven days.”